Truer v. McDonald

Plaintiff's surgery was delayed. The hospital discontinued the use of Heparin. The Plaintiff had a heart attack and died. Subsequently, the hospital changed their policy regarding discontinuing the use of Heparin prior to surgery. The plaintiffs try to make use of the feasibility aspect of Fed R. Evid. 407, which establishes that you can circumvent the subsequent remedial measures rule, if it is used to controvert feasibility.

The feasibility exception of Fed R. Evid. 407 establishes that you can circumvent the subsequent remedial measures rule, if it is used to controvert feasibility. NOTE: If the defense had just continued to say that they made the best use of the information they had at the time rather than saying it would have been dangerous, they would not have fallen into the feasibility trap of Fed. R. Evid. 407.

Relevance | Subsequent Precautions